Appeals justices back Soares in steroids case

The state Appellate Division’s Third Judicial Department seems unimpressed with Albany County Court Judge Stephen Herrick’s decision to take the steroids case away from District Attorney David Soares and put it in the hands of a special prosecutor.

In a 5-0 ruling, justices issued a temporary restraining order that returns the case to Soares and reinstates a 33-count indictment against the defendants in the Signature Pharmacy case. The restraining order is in place while Soares appeals Herrick’s decision to take him off the case.

Last month, Herrick tossed out indictments in the case and ruled that Soares could not prosecute the case because the defendants were suing him for false prosecution and a federal judge rule their was enough evidence to let the case move forward.

Soares argued Herrick’s ruling created a way for defendants around the state to have prosecutors removed from their case – simply file a lawsuit against the DA.

Area prosecutors no doubt took notice and Saratoga County District Attorney James Murphy refused the appointment as special prosecutor.